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City of Arden Hills Planning Commission Meeting for February 5th, 2020 P:\Planning\Planning Cases\2019\19-020 - 3159 Shoreline Lane - VA Page 2 of 6 request for flexibility with the OHW setback requirement should be approved. The evaluation of the proposal should be based on the District Provisions in Section 1320.06 and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single Family Residential District) – Section 1320.06 Lot Size and Dimensions The Subject Property is a legally non-conforming lot located in the R2 district due to its dimensions. The R2 district standards require a minimum lot width of 85 feet and a minimum lot area of 11,000. The Subject Property is between 42 feet and 45 feet in width and approximately 14,191 square feet in area. The lot width is narrower than the minimum width required by City Code for its district. Structure Setbacks - Flexibility Requested The principle structure was built in 1962, which pre-dates the city’s zoning code and setback requirements. The rear of the Subject Property faces Lake Josephine, which has a setback of 50 feet from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines the OHWL as “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial….” The principle structure without the deck is, on average, fifty-two feet (52’) from the OHWL. The south end of the Subject Property is less than 52 feet from the OHWL and the north end of the Subject property is more than 52 feet from the OHWL. The Applicant submitted a survey for the property marking the OHWL for Lake Josephine showing that the shoreline on the rear of the property is not parallel to the front property line, but the structure is 52 feet from the rear property line at the midpoint of the property. City Code Section 1325.03 highlights the exceptions to the minimum requirements for setbacks and Subd. 2 of that code highlights the parts of the principle structure that are permitted to encroach on setbacks. Decks, uncovered porches, ramps, and steps generally may extend six feet (6’) into required setbacks but in no case shall these encroachments be less than six feet (6’) from any lot line. The previous deck was built to a width of eight feet (8’), which is the total of the two feet (2’) from the rear of the principle structure to the rear setback of the property on Lake Josephine at the OHWL and the six feet (6’) that the Applicant is allowed by ordinance to encroach into the rear setback under City Code Section 1325.03. 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the City’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and